Detailed Answer
When a person dies in Pennsylvania, you must file a petition for letters of administration (if no will) or letters testamentary (if there is a will) in the correct county. Venue rules ensure you open the estate in the county most connected to the decedent’s affairs. Pennsylvania follows statutory rules under the Pennsylvania Consolidated Statutes. Below are the main venue categories.
1. Primary Venue: County of Domicile
If the decedent was domiciled (had their permanent residence) in Pennsylvania at death, file the petition in the Orphans’ Court Division of the court of common pleas in the county where the decedent was domiciled at the time of death. See 42 Pa.C.S. § 931(7).
2. Ancillary Venue: Real Property in Pennsylvania
If the decedent died domiciled in another state but owned real property in Pennsylvania, you must file an ancillary probate petition in the county where the real property is located. See 20 Pa.C.S. § 3155.
3. Transfer of Venue Between Counties
When the decedent’s primary estate and ancillary assets lie in different Pennsylvania counties, you may open primary probate in the county of domicile and ancillary probate in the county of property. You also may petition the court to transfer venue to consolidate administration. See 20 Pa.C.S. § 3152.
Helpful Hints
- Confirm decedent’s domicile using driver’s license, tax records, or voter registration.
- Check county property records for real estate location.
- Consider consolidating estate administration to reduce court fees.
- Contact the Orphans’ Court clerk for local filing requirements and forms.
- Inventory assets by location before filing to determine venue.
Disclaimer
This article is for educational purposes only and does not constitute legal advice. For advice specific to your situation, consult a licensed attorney in Pennsylvania.