Opening Probate in Pennsylvania When You Live Out of State: What to Expect and How to Start

Disclaimer: This is general information and not legal advice. For advice about a specific situation, contact a licensed Pennsylvania attorney or the county Register of Wills.

Detailed answer — step‑by‑step guide

When a sibling dies owning assets titled in their name in Pennsylvania, probate (administration of the decedent’s estate) generally must be opened in the county where the decedent was domiciled at death. Pennsylvania’s statutory framework for decedent estates is found in Title 20 of the Pennsylvania Consolidated Statutes. See the statute index here: 20 Pa.C.S. (Decedents, Estates & Fiduciaries). The Pennsylvania Courts also provide practical information on probate and estate administration: PA Courts — Probate, Estate & Trust Administration.

1. Confirm whether probate is needed.

   If the sibling (the decedent) owned property solely in their own name—bank accounts, real estate, motor vehicles, or significant personal property—probate administration or a formal transfer (like deeds) will usually be needed. Small accounts, jointly titled property, or assets with beneficiary designations (payable‑on‑death, TOD, life insurance, retirement accounts) may pass outside probate.

2. Identify the correct county and office to file in.

   Probate is opened in the county where the decedent was domiciled when they died. The office that handles wills and issuing of letters (the paperwork that gives someone authority to act for the estate) is the county Register of Wills and/or the Orphans’ Court. If you don’t know the county, check the decedent’s last address, driver’s license, voter registration, or ask their doctor, employer, or landlord. Use the Pennsylvania court directory to find the county office: Find a Court — PA Courts.

3. Gather essential documents.
   • Original will (if any).
   • Certified death certificate (usually several copies).
   • List of the decedent’s assets and approximate values (bank accounts, real estate, vehicles, investments, insurance).
   • Information about known creditors and other possible heirs.
4. Contact the county Register of Wills to learn local procedures.

   Many Pennsylvania counties accept filings by mail, and some accept filings by an out‑of‑state person using an agent or local attorney. Call or e‑mail the Register of Wills or Orphans’ Court clerk to ask about required forms, fees, bond rules, and whether an in‑person hearing is required.

5. File for letters (Letters Testamentary or Letters of Administration).

   If the decedent left a valid will, the person named as executor in the will files a petition for Letters Testamentary. If there is no will, an interested person (often a surviving spouse or next of kin) files for Letters of Administration. The Register of Wills issues the appropriate letters, which give authority to collect assets and settle the estate. See the statutory framework in 20 Pa.C.S..

6. Understand nonresident service rules.

   Pennsylvania courts generally allow an out‑of‑state person to serve as personal representative, but county practices vary. Some counties may require the filing of a bond if the proposed personal representative is not a Pennsylvania resident or lacks sufficient surety. The Register of Wills will tell you whether a resident co‑personal representative, resident agent, or bond is required.

7. Provide proof of identity and eligibility and pay filing fees.

   Expect to submit identification, a certified death certificate, the original will (if any), and to pay the county’s filing fee. The Register of Wills will list the current fee schedule.

8. After letters are issued: administer the estate.

   Once you receive letters, you will gather assets, notify known creditors, pay valid debts and taxes, and distribute remaining assets according to the will or Pennsylvania intestacy law. Pennsylvania statutes and county rules require inventories and accounting in certain situations. The PA Courts’ resource page explains general responsibilities and next steps: PA Courts — Probate, Estate & Trust Administration.

9. Consider ancillary probate if assets are located outside Pennsylvania.

   If the decedent owned property in another state, that state may require an ancillary probate or a certified copy of the Pennsylvania letters to transfer the out‑of‑state asset.

Typical timeline and practical points

Time to open probate varies by county and complexity. Straightforward filings (with a clear will and cooperative heirs) can be completed in a few weeks to a few months. Complex estates, disputes, or unknown creditors can take much longer. If you are out of state, mailing original documents and obtaining certified death certificates may add time.

Helpful Hints

• Call the county Register of Wills before you travel; many counties accept mail filings for nonresidents.
• Get multiple certified copies of the death certificate — banks and government agencies often ask for them.
• If you are named executor but cannot travel, hire a Pennsylvania probate attorney to file and handle in‑county tasks or act as local agent.
• Ask the Register of Wills whether the county offers electronic filing or virtual appearances for hearings.
• If the estate appears small, ask about simplified procedures or small‑estate collection options that avoid full probate.
• Keep careful records and receipts—personal representatives must account for estate transactions.
• If someone contests the will or there are disagreements between heirs, consult a Pennsylvania probate attorney promptly.

Where to find authoritative information

• Pennsylvania Consolidated Statutes — Title 20 (Decedents, Estates & Fiduciaries): https://www.legis.state.pa.us/cfdocs/legis/LI/consCheck.cfm?txtType=HTM&ttl=20
• Pennsylvania Courts — Probate, Estate & Trust Administration: https://www.pacourts.us/learn/records/probate-estate-trust-administration
• Find county Register of Wills / Orphans’ Court: https://www.pacourts.us/find-a-court

If you would like, I can help you find the Register of Wills for the decedent’s county, prepare a checklist of documents to collect, or draft a list of questions to ask a Pennsylvania probate attorney.