What Is “Probate in Common Form” in Pennsylvania (PA)?

The information on this site is for general informational purposes only, may be outdated, and is not legal advice; do not rely on it without consulting your own attorney. See full disclaimer.

FAQ: Is there a “Probate in Common Form” process in Pennsylvania?

Short answer: Pennsylvania does not use the North Carolina phrase “probate in common form.” Pennsylvania’s probate process is handled at the county level through the Register of Wills and, when contested, the Orphans’ Court. In everyday practice Pennsylvania distinguishes between routine admissions of wills (often handled informally by the Register of Wills) and contested or complex admissions that go to the Orphans’ Court.

Detailed Answer — how Pennsylvania handles admitting wills and opening estates

Start with this: the phrase “probate in common form” is a procedural term used in some states (notably North Carolina) to describe an uncontested, routine admission of a will. In Pennsylvania, you will not find a statutory procedure with that exact name. Instead, Pennsylvania law and local practice divide will admission and estate administration into practical tracks:

  • Routine (uncontested) admissions handled by the Register of Wills: When a decedent’s original will is presented and there is no dispute, the person nominated as executor files the will and the necessary paperwork with the Register of Wills in the county where the decedent was domiciled. The Register reviews the documents, confirms formalities, and typically issues Letters Testamentary (if there is a will) or Letters of Administration (if there is no will). That process is usually administrative and does not require a full Orphans’ Court hearing unless someone objects or the Register identifies a problem.
  • Contested or complex cases that go to Orphans’ Court: If someone objects to the will’s validity, to the appointment of a personal representative, or if there are other disputes (undue influence, lack of capacity, questions about formalities), the matter proceeds to the Orphans’ Court division of the local court system. The Orphans’ Court conducts hearings, takes evidence, and issues orders resolving disputes.

Practically, the Register’s admission of a will when there is no resistance functions like what some states call an informal or common‑form probate: it is an administrative admission without a contested hearing. But that equivalence is a procedural comparison, not a name used in Pennsylvania statutes.

Key steps to open an estate in Pennsylvania (typical, uncontested case)

  1. Locate the original will (if any) and obtain the death certificate.
  2. Contact the Register of Wills in the county where the decedent lived. Each county has local forms and fee schedules.
  3. File the original will and an application for probate (or a petition for issuance of letters). Pay the filing fee.
  4. The Register reviews formalities. If the will appears valid and no one contests, the Register issues Letters Testamentary or Letters of Administration. That gives the personal representative authority to collect assets, pay debts, and distribute the estate per the will or intestacy law.
  5. If an interested party files an objection or if the Register finds an issue, the case moves into Orphans’ Court for a formal hearing.

Where to find Pennsylvania law and local rules

Pennsylvania’s laws about decedents’ estates and fiduciaries are contained in Title 20 of the Pennsylvania Consolidated Statutes. For the statutory text and organization of the Decedents, Estates and Fiduciaries provisions, see the Pennsylvania General Assembly’s Title 20 landing page: https://www.legis.state.pa.us/cfdocs/legis/LI/consCheck.cfm?txtType=HTM&ttl=20.

For practical, county‑level steps and forms, contact the Register of Wills in the county where the decedent lived or visit the Pennsylvania courts general site: https://www.pacourts.us/. Each county posts local instructions, required forms, and fee information.

When to consult an attorney

Consult an attorney if any of the following apply:

  • Someone objects to the will or disputes the appointment of the personal representative.
  • The estate has complicated assets (business interests, out‑of‑state real estate, estate tax issues, or creditor claims of substance).
  • The will’s formalities are unclear (missing signatures, improper witnessing, or lack of a self‑proving affidavit).
  • Your rights as a beneficiary are unclear or you suspect undue influence or lack of capacity when the will was executed.

Timing and costs

Uncontested admissions handled by the Register of Wills often complete in a few weeks to a few months, depending on county workload and the complexity of estate assets. If the case goes to Orphans’ Court, litigation can add months to years. Fees vary by county and by estate size; check the local Register of Wills for exact amounts.

Bottom line: There is no formal Pennsylvania procedure called “probate in common form.” The equivalent practical path is an uncontested filing with the county Register of Wills that results in issuance of letters without an Orphans’ Court hearing. Contested or legally complex matters follow the formal Orphans’ Court process.

Helpful Hints — making the process smoother in Pennsylvania

  • Bring the original will and multiple certified death certificates when you file with the Register of Wills.
  • Call or check the Register of Wills website for required forms and fee schedules before you go; counties differ on procedures and fees.
  • If the will is self‑proving (has a notarial affidavit where allowed), that can speed admission. Ask the Register whether Pennsylvania will accept the affidavit you have.
  • Keep a simple inventory of assets and locations (bank accounts, safe deposit boxes, real estate, life insurance) to give to the personal representative and any attorney you hire.
  • If multiple heirs live out of state, plan extra time for notice and service requirements.
  • Open a separate estate bank account after you receive Letters to keep estate funds distinct from personal funds.
  • If you’re named executor/personal representative and the estate seems small and straightforward, consider asking the Register about simplified procedures available in your county.
  • If you anticipate a contest (someone may object to the will), consult an attorney before filing to preserve evidence and plan strategy.

Disclaimer: This article provides general information about Pennsylvania probate practice. It is not legal advice. Laws change, and local practices vary. For advice about a specific situation, contact a licensed Pennsylvania attorney or the Register of Wills in the county where the decedent was domiciled.

The information on this site is for general informational purposes only, may be outdated, and is not legal advice; do not rely on it without consulting your own attorney. See full disclaimer.