Detailed Answer
When someone dies in Pennsylvania without a probate case on file, interested parties must open an estate proceeding in the Register of Wills in the county where the decedent lived or owned real property. This process gives a personal representative authority to collect assets, pay debts, and distribute the estate.
1. Determine the Type of Petition
- Intestate Estate (no will): File a Petition for Letters of Administration under 20 Pa.C.S. § 3151 (link).
- Testate Estate (with will): File a Petition for Grant of Letters Testamentary under 20 Pa.C.S. § 3152 (link).
2. Prepare and Submit Required Documents
- Original death certificate.
- Original will (if available).
- Estate Information Form (obtainable from the county Register of Wills).
- Filing fee (amount varies by county).
3. Provide Notice and Bond
- Notice to Heirs and Beneficiaries: Many counties require notice under 20 Pa.C.S. § 3323 (link).
- Executor/Administrator Bond: Generally required unless waived by the will or heirs under 20 Pa.C.S. § 3154 (link).
4. Attend the Hearing and Receive Letters
After filing, the court schedules a hearing. The judge verifies the petition, notices, and bond. Upon approval, the court issues Letters Testamentary or Letters of Administration, formally appointing the personal representative.
5. Administer the Estate
- Inventory and appraisal within nine months under 20 Pa.C.S. § 3182 (link).
- File and pay inheritance tax return with the PA Department of Revenue within nine months under 72 P.S. § 9101 et seq. (link).
- Settle claims, pay debts, and distribute remaining assets according to the will or intestacy laws.
Disclaimer: This article provides general information under Pennsylvania law and does not constitute legal advice. Consult a qualified attorney for advice tailored to your situation.
Helpful Hints
- Verify the proper county for filing—your county’s Register of Wills website lists requirements and fees.
- Gather all asset and creditor information before filing to streamline administration.
- Ask the Register of Wills about local procedural variations and required forms.
- Consider legal counsel if the estate involves real estate, out‐of‐state assets, or contested claims.