How an Interested Party Can Open Probate for a Decedent’s Estate in Pennsylvania

Disclaimer: This article provides general information and does not constitute legal advice. Always consult a qualified attorney for guidance tailored to your situation.

Detailed Answer

In Pennsylvania, any person with a legal interest in a decedent’s estate—such as an heir, beneficiary, or creditor—can petition the Orphans’ Court division of the Court of Common Pleas to open probate. The process differs slightly depending on whether the decedent left a valid will (testate) or died without one (intestate).

1. Determine the Type of Administration

• Testate Estate: If the decedent left a valid will, you petition for Letters Testamentary under 20 Pa.C.S. § 3183.
• Intestate Estate: If there is no will, you petition for Letters of Administration under 20 Pa.C.S. § 3181.

2. Prepare Required Documents

• Original death certificate.
• Original will (if available) and two photocopies.
• Completed petition form provided by the local Orphans’ Court.
• Proposed bond form (amount set by the court).
• List of known heirs and beneficiaries with their addresses.

3. File the Petition

1. Submit the petition and supporting documents to the clerk of the Orphans’ Court in the county where the decedent resided.
   Link to statutes: 20 Pa.C.S. Title 20 — Estates and Fiduciaries.
2. Pay applicable filing fees, which vary by county.

4. Provide Notice

After the court accepts the petition, you must send notice to all heirs, beneficiaries, and known creditors. The court will set a deadline for filing objections.

5. Attend Court Hearing

The court will review the petition, hear any objections, and determine whether to grant letters. If the petition is uncontested, this step is often a formality.

6. Obtain Letters and Post Bond

Once approved, the court issues Letters Testamentary or Letters of Administration. You may need to post a bond before receiving these letters. The letters authorize you to collect assets, pay debts, and distribute property.

7. Administer the Estate

• Inventory estate assets and file the inventory with the court.
• Notify creditors and settle valid claims.
• File an account and petition for distribution when administration is complete.

Helpful Hints

• Begin by locating the decedent’s original will and key financial records.
• Consult the county Orphans’ Court website for local forms and fee schedules.
• Keep detailed records of all communications, receipts, and disbursements.
• Notify potential creditors early to avoid late claims.
• Consider bonding requirements; a surety bond may be required.
• Seek legal assistance if the estate is complex or contested.