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When a loved one passes away, dealing with their estate can feel overwhelming. If you’re trying to navigate probate in Pennsylvania, you may be wondering whether you need a probate lawyer and what the process involves. At Clause Law Group, we help families throughout Pennsylvania handle probate matters efficiently, compassionately, and with legal precision.

Whether you’re an executor, a beneficiary, or someone who needs help understanding your rights, this guide will walk you through everything you need to know about working with a Pennsylvania probate attorney and the steps involved in the probate process.

What Is Probate in Pennsylvania?

Probate is the legal process through which a deceased person’s estate is administered, debts are settled, and assets are distributed to heirs. In Pennsylvania, this process typically takes place in the Orphans’ Court division of the county where the decedent lived.

A probate lawyer can guide you through filing petitions, managing estate assets, and ensuring the decedent’s wishes are honored. This is especially valuable when a will is contested, when disputes arise between heirs, or when real estate and taxes complicate matters.

When Is Probate Required in PA?

Probate is required in Pennsylvania when a decedent dies owning assets solely in their name with no beneficiary designation or co-owner. Even if there is a valid will, probate may still be necessary to transfer legal title of those assets.

That said, not all estates go through full probate. Small estates (under $50,000) may qualify for a simplified process.

Steps in the Pennsylvania Probate Process

A typical probate case in Pennsylvania includes:

1. Filing a petition with the county Orphans’ Court
2. Officially appointing the executor or administrator
3. Notifying heirs and creditors
4. Inventorying assets
5. Paying debts and taxes (including inheritance tax)
6. Distributing remaining assets to beneficiaries

A probate attorney helps ensure each step is handled properly to avoid legal issues or delays.

Role of the Executor or Administrator

The executor (named in the will) or administrator (if there is no will) is responsible for carrying out the probate process. Their duties can include locating assets, maintaining financial records, filing tax returns, and keeping beneficiaries informed.

Executors can be held legally liable for mistakes, which is why most people choose to work with a probate lawyer to ensure compliance with Pennsylvania law.

Inheritance Tax and Probate Fees

Pennsylvania is one of the few states that imposes an inheritance tax, ranging from 0% to 15% depending on the heir’s relationship to the decedent. Probate may also involve court fees, attorney fees, and costs for appraisals and accounting.

A knowledgeable Pennsylvania probate attorney can help you understand how much tax is due and how to minimize expenses.

How Long Does Probate Take?

Most Pennsylvania probate cases take 9-15 months, but that can vary depending on the size of the estate, whether there are disputes, and how organized the records are. Disagreements between beneficiaries, unclear wills, or tax complications can significantly lengthen the process.

Do You Need a Probate Lawyer?

While it’s possible to go through probate without an attorney, doing so is risky if:

• The estate is large or complex
• There are minor beneficiaries
• You suspect fraud or undue influence
• You’re unsure how to handle taxes or court procedures

Working with a probate lawyer in Pennsylvania protects your interests and helps you avoid costly mistakes.

Avoiding Probate in PA

There are tools to help avoid probate, including:

• Revocable living trusts
• Joint ownership with right of survivorship
• Transfer-on-death (TOD) and payable-on-death (POD) designations
• Life insurance and retirement accounts with beneficiaries

We can review your estate plan to determine if probate avoidance strategies are appropriate.

What Happens If There’s No Will?

If someone dies without a will (intestate), Pennsylvania law dictates who inherits the estate. The probate court will appoint an administrator, and the estate will be distributed based on the state’s intestacy laws.

This often leads to confusion and disputes, which is why consulting a probate attorney is especially important when there is no will.

Speak with a Pennsylvania Probate Attorney Today

Probate doesn’t have to be stressful. Clause Law Group has nearly 40 years of combined experience guiding families through the Pennsylvania probate process with care, efficiency, and confidence. If you’ve lost a loved one or need guidance as an executor, reach out today.

Call us at (570) 676-5212 or contact us online to schedule your consultation with a dedicated Pennsylvania probate lawyer.

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