Detailed Answer
When a decedent leaves assets across multiple Pennsylvania counties or in another state, you must coordinate probate filings to ensure lawful estate administration. Under Pennsylvania law, the Orphans’ Court of the decedent’s domicile county has primary jurisdiction. You begin by filing for a grant of letters of administration or letters testamentary in that county. See 20 Pa.C.S. § 3101.
1. Filing in the Domiciliary County
Identify the decedent’s last legal residence. File the will (if one exists) or a petition for administration in the county’s Orphans’ Court. The court will appoint a personal representative under 20 Pa.C.S. § 3501. That representative holds authority over intangible assets (bank accounts, stocks) and personal property located anywhere.
2. Handling Real Estate in Multiple Pennsylvania Counties
Pennsylvania treats all in-state real property the same: one primary grant covers ownership interests in any county. You do not need separate probate in each county. Instead, file a certified copy of letters with the recorder of deeds in each county where real estate exists to enable title transfer.
3. Ancillary Administration for Out-of-State Assets
If the decedent owned real property or tangible assets in another state, most states require ancillary probate. You petition a local court to appoint an ancillary personal representative under 20 Pa.C.S. § 3301. That representative distributes assets according to Pennsylvania law and local rules.
4. Inventory, Bond and Reporting Requirements
Prepare a comprehensive inventory of all assets, noting location and value. If the court imposes a bond, you may need separate coverage for ancillary administration in another state. File inventories and accountings as required by each jurisdiction’s rules.
Disclaimer: This article provides general information about Pennsylvania probate procedures. It does not constitute legal advice. Consult a qualified attorney to address your specific situation.
Helpful Hints
- Confirm decedent’s domicile county before any filings.
- List all assets by type and location: personal property, real estate, intangible assets.
- Use certified letters of administration to transfer real estate across Pennsylvania counties.
- Research ancillary probate requirements in other states where real property exists.
- Maintain separate estate bank accounts for each administration.
- Track deadlines for inventories, accountings and court reports in every jurisdiction.
- Consult local counsel in other states to navigate unfamiliar probate rules.