What steps are required to open an estate proceeding when no probate case exists in PA?

The information on this site is for general informational purposes only, may be outdated, and is not legal advice; do not rely on it without consulting your own attorney. See full disclaimer.

Detailed Answer

When someone dies in Pennsylvania without a probate case on file, interested parties must open an estate proceeding in the Register of Wills in the county where the decedent lived or owned real property. This process gives a personal representative authority to collect assets, pay debts, and distribute the estate.

1. Determine the Type of Petition

  • Intestate Estate (no will): File a Petition for Letters of Administration under 20 Pa.C.S. § 3151 (link).
  • Testate Estate (with will): File a Petition for Grant of Letters Testamentary under 20 Pa.C.S. § 3152 (link).

2. Prepare and Submit Required Documents

  • Original death certificate.
  • Original will (if available).
  • Estate Information Form (obtainable from the county Register of Wills).
  • Filing fee (amount varies by county).

3. Provide Notice and Bond

  • Notice to Heirs and Beneficiaries: Many counties require notice under 20 Pa.C.S. § 3323 (link).
  • Executor/Administrator Bond: Generally required unless waived by the will or heirs under 20 Pa.C.S. § 3154 (link).

4. Attend the Hearing and Receive Letters

After filing, the court schedules a hearing. The judge verifies the petition, notices, and bond. Upon approval, the court issues Letters Testamentary or Letters of Administration, formally appointing the personal representative.

5. Administer the Estate

  • Inventory and appraisal within nine months under 20 Pa.C.S. § 3182 (link).
  • File and pay inheritance tax return with the PA Department of Revenue within nine months under 72 P.S. § 9101 et seq. (link).
  • Settle claims, pay debts, and distribute remaining assets according to the will or intestacy laws.

Disclaimer: This article provides general information under Pennsylvania law and does not constitute legal advice. Consult a qualified attorney for advice tailored to your situation.

Helpful Hints

  • Verify the proper county for filing—your county’s Register of Wills website lists requirements and fees.
  • Gather all asset and creditor information before filing to streamline administration.
  • Ask the Register of Wills about local procedural variations and required forms.
  • Consider legal counsel if the estate involves real estate, out‐of‐state assets, or contested claims.

The information on this site is for general informational purposes only, may be outdated, and is not legal advice; do not rely on it without consulting your own attorney. See full disclaimer.