Disclaimer: This article is for informational purposes and does not constitute legal advice.
Detailed Answer
- File a Probate Petition
Prepare and file a petition for probate with the Orphans’ Court Division of the Court of Common Pleas in the county where the decedent resided. Include:- Original death certificate
- Original will, if one exists
- List of heirs and their addresses
See 20 Pa.C.S. § 3102 (Commencement of Administration): https://www.legis.state.pa.us/cfdocs/legis/LI/consCheck.cfm?txtType=HTM&ttl=20&div=IV&chpt=31&sctn=3102
- Pay the Filing Fee
Fees vary by county. Contact the local clerk of Orphans’ Court for the current fee schedule. - Obtain Letters
Once the court approves the petition, it issues letters testamentary (with a will) or letters of administration (without a will). These letters authorize you to manage the estate. - Notify Known Creditors
Within one month of receiving letters, mail written notice to all known creditors. Then file an affidavit of mailing with the court. See 20 Pa.C.S. § 3182 (Notice to Known Creditors): https://www.legis.state.pa.us/cfdocs/legis/LI/consCheck.cfm?txtType=HTM&ttl=20&div=IV&chpt=31&sctn=3182 - Publish Notice to Unknown Creditors
Publish a notice in a newspaper of general circulation in the county once a week for three successive weeks. Then file proof of publication with the court. See:- 20 Pa.C.S. § 3103 (Notice to Unknown Creditors): https://www.legis.state.pa.us/cfdocs/legis/LI/consCheck.cfm?txtType=HTM&ttl=20&div=IV&chpt=31&sctn=3103
- 20 Pa.C.S. § 3108 (Proof of Publication): https://www.legis.state.pa.us/cfdocs/legis/LI/consCheck.cfm?txtType=HTM&ttl=20&div=IV&chpt=31&sctn=3108
- File Proofs with the Court
After mailing and publication, file all affidavits and publication proofs. The estate may now proceed to asset distribution and closing.
Helpful Hints
- Start deadlines from the date the court issues letters.
- Use the Pennsylvania Judiciary website to find approved newspapers.
- Count each publication week as seven days; do not skip calendar or business days.
- Keep certified copies of all notices and proofs.
- Consult an attorney for complex estates or disputes.