How Long Does Probate Take in Pennsylvania?
Probate Info
After a loved one dies, their estate doesn’t just transfer to the beneficiaries. Many estates still have debts, taxes, funeral expenses, and other costs that have to be paid after the loved one passes. Probate is when these debts are tallied, assets are inventoried, and the estate is appropriately divided among the heirs.
Unfortunately, this entire process can take a while to carry out. The length of the probate process depends on how complex the estate is, the presence of any disputes, and how quickly the executor handles all of the necessary tasks. If you are uncertain about what to expect from the process, reach out to an experienced probate lawyer in Pennsylvania.
How Long Does the Probate Process Take in Pennsylvania?
The probate process in Pennsylvania can take longer based on a range of different factors. In a simple case, the entire process takes just 9 to 12 months. A moderately complex case will take between 12 and 18 months. The majority of cases will wrap up within two years. However, extremely complex cases may take even longer than that.
Which Factors Impact the Length of the Probate Process?
The following are a few of the factors that can impact how long the overall probate process takes.
1. Size and Complexity of the Estate
A small estate with one bank account and no debts can go through probate quickly. In fact, 20 Pa.C.S. § 3102 allows small estates to have a faster, easier process if they are valued at $50,000 or less for everything excluding real estate. These estates can skip full probate and finish in just a few months. In comparison, big estates with many accounts, business interests, or real estate properties can take much longer to deal with.
2. The Executor’s Organizational Skills
The executor is in charge of filing paperwork, notifying heirs, inventorying assets, paying debts, filing tax returns, and distributing property. When there’s no will, an administrator handles these tasks. If they are more organized and stick to the deadlines, the process moves faster. Delays often occur when executors are disorganized or inexperienced.
3. Validity of the Will
If the decedent left a clear, properly executed will, probate is often smoother. When there are questions about the will’s validity, probate can drag on for years while the court resolves disputes. Wills are invalid if they don’t follow the requirements under 20 Pa.C.S. § 3132. For example, allegations of undue influence or lack of capacity can lead to validity issues.
4. Debts and Taxes
Before heirs receive their inheritance, the estate must pay all valid debts and taxes. According to 72 P.S. § 9136, the inheritance tax return is due within nine months of death. Executors may also need to file final income tax returns. For larger estates, a federal estate tax return is also required. The estate cannot be closed until taxes are filed and paid.
5. Beneficiary Disputes
Unfortunately, the probate process can quickly devolve into family conflicts. Loved ones can dispute over the distribution of assets, debts, or who is selected as the executor. All of these disagreements can end up delaying the final settlement.
The Probate Timeline in Pennsylvania
While every estate is different, there’s a general timeline for how probate typically unfolds in Pennsylvania. Navigating this process can be challenging, which is why it’s important to talk to a top-rated probate lawyer as you begin the probate process.
Step 1: Filing the Will and Opening the Estate (Weeks 1–4)
Probate begins when the executor files the original will and a petition with the Register of Wills in the county where the decedent lived. Then, the Register issues Letters Testamentary. If there is no will, then the Letters of Administration are issued. This gives the executor and administrator the legal authority they need to proceed.
Step 2: Notifications and Advertising (Months 1–3)
Within three months, the executor must send a written notice to heirs and beneficiaries. The executor must also publish notice of the estate in local newspapers to alert creditors.
Step 3: Inventorying Assets (Months 3–9)
Under 20 Pa.C.S. § 3301, the executor must prepare and file an inventory of estate assets within nine months of the decedent’s death. This inventory list should encompass all of the decedent’s real estate, bank accounts, investments, personal property, and business interests.
Step 4: Paying Debts and Taxes (Months 3–12)
In most estates, there are ongoing expenses or debts that need to be paid up. Once the creditors have come forward to present their claim to the court, the executor must settle the debts in order of priority. Additionally, the executor is required to file the Pennsylvania inheritance tax return within nine months.
Step 5: Distribution and Accounting (Months 9–24)
After all of the taxes and debts have been paid, the executor must distribute the remaining assets to the beneficiaries and heirs. If there is no will involved, then they must follow the intestacy law. When this process is complete, the executor creates a full accounting of all their actions for the court. However, this formal settlement can be exchanged for an informal process if all of the beneficiaries agree.
Get Help Navigating the Probate Process
If you’re preparing your last will and testament, there are a few things you can do to avoid lengthy probate processes. Joint ownership, living trusts, life insurance accounts, and similar mechanisms can reduce the amount of time your estate eventually spends in probate.
Whether you want to prevent your loved ones from going through a difficult probate process or are currently dealing with the probate process yourself, our experienced attorneys can help. Reach out to the experienced probate attorneys today to learn more.
