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Detailed answer — what Pennsylvania law requires

Short answer: Usually yes for many assets. When a person dies without a will (intestate) in Pennsylvania, the estate often must go through probate administration so a court-appointed administrator can collect assets, pay debts and taxes, and distribute what remains under Pennsylvania’s intestate succession rules. Whether you must open a full administration depends on the types and titles of the decedent’s assets.

Key concepts

• Probate / administration: Court-supervised process that gives authority (letters of administration) to someone to manage the decedent’s assets, pay liabilities, and distribute the estate.
• Intestate succession: Rules that govern who inherits when there is no valid will. In Pennsylvania those rules are in the Decedents, Estates and Fiduciaries Code (Title 20).
• Non-probate assets: Property that passes automatically outside probate (example: assets with beneficiary designations, joint tenancy with right of survivorship, assets held in a living trust).

When probate administration is usually required

In these common situations you will generally need to open administration in the county Orphans’ Court / Register of Wills:

• Real property held solely in the decedent’s name (no joint tenant or beneficiary): to clear title and transfer ownership.
• Bank or brokerage accounts titled solely in the decedent’s name (not payable-on-death or joint with right of survivorship) when the institution requires court authority to release funds.
• Personal property of significant value where third parties (banks, title companies) require a court-appointed fiduciary.
• When creditors must be formally notified and debts administered under court supervision.
• When distribution among heirs is contested or unclear and a court order is needed to resolve disputes.

When probate administration may NOT be required

Administration may be unnecessary or simplified when assets are non-probate or qualify for a summary process. Common non-probate examples:

• Life insurance, retirement accounts, or bank accounts that have a named beneficiary or payable-on-death (POD/TOD) designation — those pass to the beneficiary directly.
• Property owned jointly with right of survivorship — the surviving owner usually becomes the sole owner automatically.
• Property held in a revocable living trust — successor trustee can usually distribute assets without probate.

Pennsylvania also provides procedures for smaller or simple estates that may avoid a full administration in some counties. Whether a summary or informal procedure applies depends on local practice and the size and type of assets. See Title 20 of the Pennsylvania Consolidated Statutes for the statutory framework: 20 Pa.C.S. (Decedents, Estates and Fiduciaries).

What law decides who inherits when there is no will

Pennsylvania’s intestate succession rules set the order and share of inheritance (spouse, children, parents, siblings, etc.). You can review the statutory scheme here: 20 Pa.C.S. Chapter 21 — Intestate Succession.

How to start probate/administration in Pennsylvania (overview of steps)

1. Locate the appropriate county Register of Wills or Orphans’ Court (administration is opened in the county where the decedent lived).
2. Determine what assets are probate vs. non-probate (bank statements, deeds, titles, beneficiary designations).
3. File a petition for letters of administration with the Register of Wills / Orphans’ Court. The court will appoint an administrator (often a surviving spouse or next of kin).
4. Notify heirs and creditors as required, inventory the estate, and publish notice if required by local rules.
5. Pay valid debts and taxes from estate funds or with court approval; then distribute remaining assets under intestacy rules.
6. Close the estate with the court after filing required accounting or final reports as the court orders.

Administrative practice and required forms vary by county. For statutory guidance on administration duties and the court process, see 20 Pa.C.S. Chapter 31 — Administration.

Practical examples (hypotheticals)

Example 1 — No will, owned house in sole name: The family will usually need to open administration to transfer title to heirs under Pennsylvania intestate rules. Title companies typically require letters of administration.

Example 2 — No will, only asset is an IRA with a named beneficiary: The beneficiary files the custodian’s forms and receives the account without probate.

Example 3 — No will, modest personal property and small bank balance with all accounts in POD to a spouse: The surviving spouse may be able to collect funds without a full administration depending on account rules and county practice.

When to get a lawyer

Consider hiring an attorney if the estate has real estate, substantial assets, complex debts, potential creditor or heir disputes, or tax issues. An attorney who handles estate administration can file the correct petitions, prepare inventories and accountings, and guide you through closing the estate in compliance with Pennsylvania law.

Resources: Pennsylvania consolidated statutes (Title 20) — Decedents, Estates and Fiduciaries: https://www.legis.state.pa.us/cfdocs/legis/LI/consCheck.cfm?txtType=HTM&ttl=20

Helpful Hints

• Obtain multiple certified copies of the death certificate — banks and other institutions will require them.
• Gather key documents: deeds, bank and brokerage statements, life insurance policies, retirement account statements, vehicle titles, and any documents showing beneficiary designations.
• Call financial institutions early to learn their requirements — some will release small amounts with an affidavit; others insist on court authority.
• Check whether any assets have a named beneficiary or are jointly owned; those often avoid probate.
• Contact the Register of Wills or Orphans’ Court in the county where the decedent lived for local forms and filing fees.
• Keep careful records of estate receipts and distributions; courts often require an inventory and final accounting.
• If heirs disagree or creditors appear, get legal help promptly to avoid missed deadlines or improper distributions.