Detailed Answer: How to settle a parent’s estate in Pennsylvania and handle property located in another state

Short overview: If your parent died domiciled in Pennsylvania, you will generally open the primary probate (estate administration) in Pennsylvania. If the decedent also owned real property or certain assets in another state, you will likely need a limited ancillary proceeding in that other state to transfer or sell that property. Below are the practical steps to follow, the Pennsylvania authorities you will use, and what to expect when dealing with out-of-state property.

1. Confirm domicile, find the will, and collect key documents

• Confirm the decedent’s legal domicile (where they lived and intended to remain). Domicile determines which state handles the primary probate.
• Locate the original will and any codicils. If there is no will, the estate is intestate and Pennsylvania’s intestacy rules will apply.
• Gather the death certificate, bank statements, mortgage deeds, title to vehicles, insurance policies, and a list of known creditors and beneficiaries.

2. Determine whether you must open probate in Pennsylvania

If your parent was domiciled in Pennsylvania at death, you normally open probate or estate administration in the county Register of Wills and Orphans’ Court of the county where they lived. The Pennsylvania courts explain estate administration basics at the Pennsylvania Courts site: https://www.pacourts.us/learn/court-basics/types-of-cases/orphans-court/estate-administration.

Pennsylvania statutes governing decedents’ estates are in Title 20 of the Pennsylvania Consolidated Statutes. See Title 20 (Decedents, Estates and Fiduciaries) here: https://www.legis.state.pa.us/cfdocs/legis/LI/consCheck.cfm?txtType=HTM&ttl=20.

3. Open probate / apply for letters (executor or administrator)

• If there is a valid will, the named executor (personal representative) petitions the Register of Wills to admit the will and issue Letters Testamentary.
• If no will, a close family member petitions to be appointed administrator and the court issues Letters of Administration.
• The Register of Wills or the Orphans’ Court handles filings and instructions for your county. County-level contacts are available from the Pennsylvania Department of State’s Register of Wills page: https://www.dos.pa.gov/OtherServices/RegisterOfWills/Pages/Register-of-Wills.aspx.

4. Inventory assets, notify creditors, and secure property

• Prepare an inventory of all assets (bank accounts, securities, retirement accounts, real estate, personal property).
• Secure physical property and change locks if necessary. Notify banks and insurers.
• Publish notices or notify known creditors per Pennsylvania procedures so creditors can present claims against the estate.

5. File taxes and Pennsylvania inheritance tax

• File the decedent’s final federal and Pennsylvania income tax returns.
• Pennsylvania imposes an inheritance tax; the personal representative generally files the inheritance tax return and pays any tax due. Guidance is available from the Pennsylvania Department of Revenue: https://www.revenue.pa.gov/TaxTypes/InheritanceTax/Pages/default.aspx.

6. Handling property located in another state (ancillary administration)

Owning real estate (or sometimes tangible property) in another state commonly triggers an ancillary probate or ancillary administration in the state where the property sits. Key points:

• Ancillary probate is a limited proceeding in the other state that recognizes the Pennsylvania personal representative’s authority (often by filing certified copies of the Pennsylvania Letters and will) so title can transfer or the property can be sold.
• The other state’s probate rules control the ancillary process (filing forms, fees, and notices). You will usually need a local attorney or the other state’s probate court instructions to complete this step.
• If the out-of-state asset is a bank account or securities held by a national institution, you may be able to transfer them using a certified copy of Pennsylvania Letters without full ancillary probate. Real estate almost always requires local filing to clear title.

7. Pay debts and distribute assets

• As Pennsylvania personal representative, you must pay valid debts and tax obligations before distributing the estate to beneficiaries.
• Once debts and taxes are paid, distribute property according to the will or Pennsylvania intestacy law.
• For assets in the other state, ensure you comply with that state’s procedures before distributing or transferring those assets to beneficiaries.

8. Close the estate

After final accounting and distributions, petition the Orphans’ Court or Register of Wills (as required in your county) to discharge you as personal representative and close the estate.

Key Pennsylvania authorities and 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
• Pennsylvania Courts — Orphans’ Court / Estate Administration guidance: https://www.pacourts.us/learn/court-basics/types-of-cases/orphans-court/estate-administration
• Pennsylvania Department of Revenue — Inheritance Tax info: https://www.revenue.pa.gov/TaxTypes/InheritanceTax/Pages/default.aspx
• Pennsylvania Department of State — Register of Wills county contacts: https://www.dos.pa.gov/OtherServices/RegisterOfWills/Pages/Register-of-Wills.aspx

When to get an attorney

Consider hiring an attorney if any of the following apply:

• Multiple states are involved and ancillary probate seems necessary.
• The estate has complex assets (business interest, substantial investments, or mortgages).
• There are contested claims, unclear wills, or potential disputes among beneficiaries.
• Significant tax questions arise (federal estate tax or complex inheritance concerns).

Helpful Hints

• Start by locating the original will and the death certificate — these speed every next step.
• Contact the county Register of Wills in the county where your parent lived for local forms and filing procedures.
• For real estate in another state, contact that state’s probate court clerk or hire a local probate attorney — property rules vary by state and title companies often require local court filings to clear title.
• Keep careful records (receipts, notices, bank statements). You will need them for accounting and closing the estate.
• Be mindful of deadlines for creditor notices, tax filings, and any required public notices in Pennsylvania.
• If beneficiaries live in different states, coordinate with counsel in those states as needed to transfer assets smoothly.
• Ask the Register of Wills whether your estate qualifies for any simplified or small estate procedures in Pennsylvania — some counties provide expedited processes for modest estates.

Disclaimer: This article explains general procedures under Pennsylvania law and is for educational purposes only. It is not legal advice. For legal guidance tailored to your situation, consult a licensed Pennsylvania attorney and, if necessary, counsel in the other state where property sits.