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Disclaimer: This article is for educational purposes and does not constitute legal advice. Consult a qualified attorney.

Understanding the Probate Process in Pennsylvania

When someone dies, their assets—including bank accounts—undergo probate in Pennsylvania under Title 20 of the Pennsylvania Consolidated Statutes (20 Pa.C.S.A. § 101 et seq.). Probate is the court-supervised process of validating a will (if any), identifying assets, paying debts, and distributing any remainder to beneficiaries.

Appointing a Personal Representative

The first step is to file a petition in the Orphans’ Court Division of the county where the decedent last lived. If there is a valid will, the named executor applies for Letters Testamentary. If no will exists, the court appoints an administrator under 20 Pa.C.S.A. § 3152. These Letters grant legal authority to manage and distribute estate assets.

Accessing Bank Accounts

After obtaining Letters, present them to the decedent’s bank along with a certified death certificate. Under 20 Pa.C.S.A. § 3501, a financial institution may rely on these documents to allow the representative to access and manage the account. Banks typically require completion of an estate account conversion form before permitting withdrawals.

Small Estate (Summary) Administration Option

If the total estate value (excluding homestead) does not exceed $50,000, you may use Summary Administration under 20 Pa.C.S.A. § 3071. This expedited process allows distribution without full probate. File a Small Estate Affidavit with the Register of Wills and submit it to the bank to withdraw funds.

Payable-On-Death (POD) or Totten Trust Accounts

If the decedent named a payable-on-death beneficiary or created a Totten Trust account, that beneficiary can claim the funds directly by presenting a death certificate and completing the beneficiary claim form. See 20 Pa.C.S.A. § 6333.

Key Steps to Withdraw Funds

1. Obtain multiple certified death certificates from the Register of Wills.
2. File for probate and obtain Letters Testamentary or Letters of Administration.
3. Gather all bank statements and account records.
4. Visit the bank with Letters, the death certificate, and complete any required estate account forms.
5. Pay valid debts, taxes, and administrative expenses.
6. Distribute remaining funds to beneficiaries per the will or Intestate Succession Act (20 Pa.C.S.A. § 2101 et seq.).

Disclaimer: This information is educational and not legal advice. Always consult with a qualified attorney for guidance.

Helpful Hints

• Request at least 5–10 certified death certificates; banks often retain originals.
• Check local Orphans’ Court procedures for filing deadlines and fees.
• Keep detailed records of all estate transactions for final accounting.
• Consider Summary Administration if the estate qualifies to save time and costs.
• Ask the bank about any internal estate or trustee account forms.
• Give notice to creditors as required under 20 Pa.C.S.A. § 3383.
• Consult an attorney if disputes or complex assets arise during probate.