Understanding Probate in Pennsylvania: How Long Does It Take?

One of the most common questions about settling a deceased person’s estate is, “How long does it take to probate a Will?” The answer depends on several factors, but in general, probate can take anywhere from a few months to over a year—sometimes even longer in more complex cases.

Before diving into what affects the length of probate, let’s first define the process.

What is Probate?

Probate is the court-supervised legal process of settling a deceased person's estate. If the decedent left a Last Will and Testament, probate serves to validate the Will and address any disputes over inheritance. If no Will exists, the court appoints an administrator to handle the estate according to Pennsylvania’s intestacy laws (20 Pa. C.S. § 2101 et seq. ).

Probate also grants the executor (named in the Will) the legal authority to manage the estate, which includes distributing assets and paying debts.

How Does Probate Work in Pennsylvania?

While probate procedures vary by state, Pennsylvania follows a structured process :

1. Filing the Will and Petition for Probate – The Will must be filed with the Register of Wills in the county where the decedent resided. If there is no Will, an administrator is appointed. Heirs and beneficiaries must be notified.
2. Inventory of Assets – The executor identifies and values estate assets, which may include real estate, financial accounts, business interests, and personal property.
3. Notification of Creditors – The executor must notify known creditors and publish a Notice to Creditors in local newspapers. Creditors typically have one year from the date of publication to make claims.
4. Payment of Debts and Taxes – Before distributing assets, the executor must pay outstanding debts, funeral expenses, and applicable taxes. Pennsylvania does not impose a state estate tax, but inheritance tax (ranging from 0% to 15%) applies depending on the beneficiary’s relationship to the decedent. Federal estate taxes may also apply if the estate exceeds the federal exemption ($13.99 million in 2025).
5. Distribution of Assets – Once debts and taxes are settled, the executor distributes assets according to the Will (or intestacy laws if no Will exists).
6. Closing the Estate – The final step involves submitting a final accounting to the court, obtaining approval, and closing the estate.

How Long Does Probate Take in Pennsylvania?

The timeline for probate in Pennsylvania varies based on several factors, including:

• Will Contests – Disputes over the Will’s validity can lead to litigation, significantly extending probate.
• Complex Assets – Business interests, real estate in multiple states, or difficult-to-value assets can delay the process.
• Taxable Estates – Estates exceeding the federal estate tax exemption require IRS filings, adding months to the timeline.
• Creditor Claims – Creditors have up to one year to submit claims, prolonging final distribution.

In most cases, a simple estate with no disputes can be probated in 6 to 12 months. However, contested estates or those with complex assets can take two years or longer to fully settle.

Can an Estate Avoid Probate in Pennsylvania?

While probate is a standard process, some assets can bypass probate entirely, allowing for a faster and more cost-effective transfer to heirs. 

What Assets Can Avoid Probate?

With proper planning, you can ensure that certain assets bypass the probate process entirely, allowing for a faster and smoother transfer to your heirs. The following types of assets do not need to go through probate:

A. Assets with Named Beneficiaries

Any asset that designates a beneficiary outside of a will can be transferred directly to the named individual without probate. These include:

• Life insurance policies
• Retirement accounts (401(k)s, IRAs, pensions, etc.)
• Annuities

Because these assets already have a designated beneficiary, they are not considered part of the probate estate and pass directly to the intended recipient.

B. Jointly Owned Property with Rights of Survivorship

When property is jointly owned with rights of survivorship, it automatically transfers to the surviving co-owner upon death. Examples include:

• A home owned jointly by spouses as joint tenants with rights of survivorship
• Joint bank accounts, where both owners have equal access
• Vehicles titled in both spouses’ names

Since ownership transfers by default, probate is unnecessary for these assets.

C. Payable-on-Death (POD) and Transfer-on-Death (TOD) Accounts

Certain financial accounts and assets allow owners to name a POD or TOD beneficiary, ensuring the asset is passed directly upon death. These include:

• Bank accounts (checking, savings, and certificates of deposit)
• Investment accounts (stocks, bonds, brokerage accounts)
• Real estate (in some states, through a Transfer-on-Death deed)
• Vehicles (in states that allow Transfer-on-Death titles)

These designations allow assets to transfer outside of probate, simplifying the estate settlement process.

D. Assets Held in a Living Trust

A revocable living trust allows individuals to transfer ownership of assets into the Trust during their lifetime. Upon their passing, the Trust’s successor trustee follows the instructions outlined in the Trust document to distribute assets to beneficiaries without court involvement.

Since the Trust, rather than the individual, legally owns these assets, they do not go through probate.

What Assets Must Go Through Probate?

While some assets can bypass probate, many must still go through the court process. Here are some common examples:

A. Solely Owned Property

If the deceased solely owned an asset without a joint owner or named beneficiary, it must go through probate. This includes:

• Real estate (homes, land) solely titled in the decedent’s name
• Vehicles or boats not held in joint ownership
• Bank or investment accounts without a POD or TOD designation

Since these assets do not have an automatic transfer mechanism, probate court must oversee their distribution.

B. Investment Property with a Business Partner

If the deceased owned real estate or business assets as a tenant in common, their ownership interest does not automatically transfer to the co-owner. Instead, probate will determine how the deceased’s portion is distributed, either according to their Will or Pennsylvania’s intestacy laws if no Will exists.

C. Non-Titled Personal Property

Items that do not have formal ownership documentation must be distributed through probate. This includes:

• Furniture
• Jewelry
• Household goods
• Artwork and collectibles

Since these assets do not have a title or deed specifying ownership, probate court Will determine their distribution.

D. Inheritance When the Beneficiary Has Died

Unless the Will specifies what occurs in certainin contingencies, the court must decide the issue. If a beneficiary named in a Will predeceases the testator, the probate court must decide how the inheritance is distributed.

For example, if Joe’s Will leaves everything to his wife, but she passed away before him, the probate court Will determine how his estate should be divided among his remaining heirs. Anticpataing this occurrence and/or updating the Will after major life events can help prevent probate delays and complications.

Understanding Probate Costs in Pennsylvania

The cost of probate varies based on factors such as estate size, complexity, and the amount of legal work required. In Pennsylvania, probate fees are set by the county Register of Wills, and additional costs may arise from legal and administrative requirements. Below are the primary expenses associated with probate.

A. Personal Representative Compensation

Serving as a personal representative (executor or administrator) comes with responsibilities, and Pennsylvania law allows for reasonable compensation from the estate. Unlike some states that set a fixed percentage, Pennsylvania follows a "reasonable compensation" standard, meaning the amount is based on the complexity of the estate rather than a strict percentage formula.

In some cases, when the executor is also an heir, they may waive compensation to avoid taxable income and preserve the estate for beneficiaries. It’s important to note that executor compensation is considered taxable income, whereas inherited assets generally are not.

B. Probate Bond (Executor or Fiduciary Bond)

A probate bond serves as insurance to protect beneficiaries and creditors in case the executor mismanages estate assets. Pennsylvania does not require a probate bond unless:

• The Will explicitly mandates one, or
• The court determines it is necessary (e.g., if the executor is out-of-state or has a history of financial mismanagement).

If a bond is required, the cost depends on the bond amount and risk factors but generally ranges from 0.5% to 1% of the estate’s value. For example, a $500,000 bond at a 0.5% premium would cost $2,500. If the Will waives the bond requirement, this expense can often be avoided.

C. Court Filing Fees

Each Pennsylvania county sets its own Register of Wills filing fees, which are typically based on the size of the estate. For example, in Philadelphia County, probate filing fees can range from $200 to over $1,000, depending on estate value. Additional fees may apply for certified copies of the Will, Letters Testamentary, and other filings.

D. Attorney Fees

Pennsylvania does not require an attorney to handle probate, but legal assistance is often recommended, especially for complex estates. Attorney fees are generally based on the work required rather than a fixed percentage of the estate. Many Pennsylvania probate attorneys charge an hourly rate or a flat fee, depending on the situation.

While some executors choose to handle probate on their own, hiring an attorney can be beneficial if the estate includes:

• Multiple properties or out-of-state assets
• Disputes among heirs or will contests
• Significant debts or tax issues

E. Creditor Notice Fees

Pennsylvania law requires executors to notify creditors of the decedent’s passing, usually by publishing a notice in two newspapers—one legal publication and one local paper. These publication fees vary by county but typically range from $150 to $500. This step ensures creditors have the opportunity to file claims against the estate.

Reducing Probate Costs in Pennsylvania

While probate is unavoidable for many estates, careful planning can minimize expenses:

• Use Payable-on-Death (POD) and Transfer-on-Death (TOD) designations for bank and investment accounts.
• Consider a Living Trust to transfer assets outside of probate.
• Ensure the will clearly outlines the executor's authority to waive a probate bond.
• Keep estate records organized to reduce legal and administrative work.

Understanding Pennsylvania’s probate process and associated costs can help ensure a smoother estate administration while reducing unnecessary expenses. Proper estate planning can save time, money, and stress for your loved ones.

Why Having a Will Matters

While having a valid Will does not eliminate probate, it significantly simplifies the process. A Will provides clear instructions on how assets should be distributed, reducing disputes and ensuring that the executor can carry out the deceased’s wishes efficiently.

For those looking to minimize or avoid probate, options such as beneficiary designations, joint ownership, and living trusts can help ensure that assets are transferred efficiently. Proper estate planning can save your loved ones time, money, and stress in the future.

Do You Need a Probate Lawyer in Pennsylvania?

Although hiring a probate attorney is not legally required, an experienced probate lawyer can simplify the process, especially if you are the executor or administrator handling legal and financial responsibilities. An attorney can help with:

• Ensuring compliance with Pennsylvania probate laws
• Managing disputes among beneficiaries
• Handling tax obligations and creditor claims
• Navigating complex estates with business interests or real estate

Plan Ahead to Simplify Probate for Your Heirs

While probate is often necessary, proper estate planning can reduce delays and expenses for your heirs. Whether through a well-structured will, living trust, or strategic asset titling, taking proactive steps can ease the burden on your loved ones.

If you have questions about Pennsylvania probate laws or want to explore estate planning strategies, you should contact us immdietly to ensure your estate is handled according to your wishes—efficiently and with minimal complications.

At RJ Fichera Law Firm , we will consider what you want the trust to do for you, review the assets you want to transfer to the trust, and guide you through the entire process, providing solid legal advice as you need it or the situation demands it.

Content in this material is for general information only and is not intended to provide specific advice or recommendations for any individual.

Protect your rights with trusted legal expertise – visit the RJ Fichera Law Firm today to consult with a dedicated attorney committed to your best outcome.--