Disclaimer: This article is for informational purposes only and does not constitute legal advice. Consult a qualified attorney to address your specific situation.
Detailed Answer
Starting estate administration in Pennsylvania requires gathering key documents and certificates before petitioning the Register of Wills. Organize these items to comply with 20 Pa.C.S. § 3102(c) and ensure a smooth probate process.
1. Original Will and Codicils
If the decedent executed a will or any codicils, locate the original documents. The Register of Wills requires the original will to grant letters testamentary or letters of administration.
2. Certified Death Certificates
Obtain multiple certified copies of the death certificate from the Pennsylvania Department of Health – Vital Records. You typically need at least 5–10 copies for banks, government agencies, and insurers.
3. Petition for Letters of Administration
Complete the Petition for Grant of Letters of Administration (or Testamentary). Under 20 Pa.C.S. § 3102(c), attach the certified death certificate and the original will (if there is one). You’ll file this with the Register of Wills in the county where the decedent lived.
4. List of Assets and Liabilities
Compile statements, policies, and titles to identify estate assets and debts. Key items include:
- Bank and brokerage account statements
- Deeds for real property
- Vehicle titles and registration
- Life insurance policies
- Retirement account statements (e.g., IRAs, 401(k)s)
- Stock and bond certificates
- Recent federal and state tax returns
5. Property Ownership Documents
Check if the decedent held property jointly or in trust. Secure deeds, trust agreements, or beneficiary designations. This helps determine which assets pass outside probate.
6. Insurance and Retirement Beneficiary Forms
Locate any beneficiary designation forms for life insurance or retirement accounts. These documents clarify who receives certain assets and may avoid probate.
7. Federal Tax Identification Number (EIN)
After appointment, apply for an EIN for the estate via the IRS. You need this to file estate tax returns and open estate bank accounts.
8. Proof of Appointment
Once the Register of Wills issues Letters of Administration or Letters Testamentary, obtain certified copies. You’ll need these to access accounts, sell property, and pay debts.
Relevant Pennsylvania Statutes
- Grant of Letters: 20 Pa.C.S. § 3102(c) (link)
- Duties of Personal Representative: 20 Pa.C.S. § 3152 (link)
Helpful Hints
- Request 10–15 certified death certificates early to avoid delays.
- Keep originals safe; provide certified copies to third parties.
- Review beneficiary designations before probate to determine what passes outside the will.
- Use a checklist to track collected documents and outstanding items.
- Consult the Register of Wills website for local filing fees and procedures.