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When Is Probate Required in Pennsylvania?

If you’ve recently lost a loved one in Pennsylvania, you might be wondering: Do I really have to go through probate? It’s one of the most common—and confusing—questions we hear at Clause Law Group. In this post, we’ll break down when probate is required in Pennsylvania, how it works, and when it might be avoided altogether.

What Is Probate?

Probate is the legal process through which a deceased person’s assets are gathered, debts are paid, and the remaining property is distributed to beneficiaries. In Pennsylvania, probate is handled in the Orphans’ Court of the county where the deceased resided.

If there’s a valid will, the executor named in that will initiates the process. If there is no will, a personal representative—usually a close family member—is appointed by the court.

When Is Probate Required in Pennsylvania?

Probate is generally required when:

• The decedent owned assets solely in their name, with no joint owner or named beneficiary.
• The estate includes real estate held solely in the decedent’s name.
• The decedent had personal property, such as bank accounts, vehicles, or investment accounts, titled only in their name.
• There are outstanding debts or taxes that must be addressed before distributing assets.

Real-Life Example:

If your father passes away and owns a home in only his name, even if he left a will, the home cannot be legally transferred to you or anyone else without opening probate.

When Is Probate Not Required?

You may be able to avoid probate in these situations:

• Assets were owned jointly with right of survivorship (e.g., a joint bank account or home shared with a spouse).
• The decedent named a beneficiary (as with life insurance policies, retirement accounts, or Payable-on-Death bank accounts).
• The estate qualifies as a small estate under Pennsylvania law (valued at $50,000 or less, excluding real estate).
• The assets were placed in a revocable living trust.

What Is the Small Estate Affidavit in PA?

In Pennsylvania, if the estate is valued under $50,000 (excluding real estate), it may qualify for simplified probate under 20 Pa.C.S. §3105. The executor can file a petition for a small estate, which allows for faster resolution without formal probate.

However, even for small estates, some court filings are still required, and it’s often helpful to work with a probate attorney to ensure compliance.

Why Probate May Still Be Necessary

Even when people believe probate can be avoided, it sometimes becomes necessary due to:

• Disputes among heirs or beneficiaries
• Unclear or conflicting estate documents
• Unknown creditors or tax obligations
• Real estate in the sole name of the decedent

In these cases, working with an experienced Pennsylvania probate lawyer can help you move forward efficiently and legally.

Need Help Determining If Probate Is Required?

Probate laws in Pennsylvania can be nuanced. Whether you’re trying to settle a small estate or deal with complex property and tax issues, the team at Clause Law Group is here to help.

We’ll review your situation and advise whether probate is necessary—and if it is, we’ll guide you through every step with compassion and clarity.

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Contact a Pennsylvania Probate Attorney Today
Ready to talk? Call our office at (570) 676-5212 or contact us online to speak with a trusted Pennsylvania probate lawyer.

Let us help you make sense of the process and find peace of mind.