If you’ve just lost a loved one and are trying to settle their affairs, you’re likely hearing the word “probate” a lot—but few people understand exactly what it means or how the process works.
At Clause Law Group, we help families across Wayne, Monroe, Luzerne, Lackawanna, and Pike Counties navigate the probate process with compassion and clarity. Here’s a clear, step-by-step breakdown of what to expect in a Pennsylvania probate case.
📘 What Is Probate?
Probate is the legal process for:
- Authenticating a will (if one exists)
- Appointing someone to manage the estate
- Gathering and valuing the decedent’s assets
- Paying debts, taxes, and expenses
- Distributing what’s left to the rightful heirs or beneficiaries
🪜 Step-by-Step: How Probate Works in Pennsylvania
Step 1: Determine If Probate Is Required
Probate is required if:
- The decedent owned property solely in their name
- There are no named beneficiaries on key assets
- There’s no revocable trust in place
Step 2: Locate the Will and Identify the Executor
If the decedent had a will, it likely names an executor—the person responsible for handling the estate.
If there is no will, someone (usually a spouse or adult child) will need to petition the court to become administrator.
Step 3: File with the Register of Wills
The executor or proposed administrator files:
- A Petition for Grant of Letters
- The original will (if applicable)
- A death certificate
- Appropriate filing fees
This is done at the county’s Register of Wills (e.g., in Honesdale for Wayne County).
📍 Wayne County Register of Wills
925 Court St, Honesdale, PA
📞 (570) 253-5970
Step 4: Receive “Letters” from the Court
- Letters Testamentary (if there’s a will)
- Letters of Administration (if there’s no will)
These documents give the executor or administrator legal authority to access accounts, sell property, and act on behalf of the estate.
Step 5: Notify Heirs and Beneficiaries
The personal representative must send formal notice to all people named in the will, and to intestate heirs if there’s no will. They must also advertise the estate in a local newspaper.
🗞 This gives creditors an opportunity to come forward and protects the estate from future claims.
Step 6: Inventory and Value the Assets
This includes:
- Real estate
- Bank accounts
- Vehicles
- Stocks, bonds, retirement accounts
- Business interests
- Personal property
The representative must prepare an Inventory and Appraisement and file it with the court.
Step 7: Pay Debts, Expenses, and Taxes
This may include:
- Funeral expenses
- Outstanding bills or credit cards
- Final income taxes
- Pennsylvania Inheritance Tax
- Court costs and attorney’s fees
Step 8: Distribute the Estate
Once debts and taxes are settled, the executor distributes remaining assets according to:
- The will, or
- Pennsylvania intestacy law if no will exists
Step 9: File a Status Report or Final Accounting
Depending on the county and complexity, the estate may:
- File a Family Settlement Agreement, or
- Submit a formal accounting to the court
Then, the court will officially close the estate.
⏱ How Long Does Probate Take in Pennsylvania?
- Simple estate: 6–9 months
- Contested or complex estate: 12–24 months
- Delays can arise from missing heirs, litigation, or unresolved taxes
Get Help with Probate—From Start to Finish
Probate doesn’t have to be confusing or overwhelming. At Clause Law Group, we’ve guided hundreds of families through it step by step—and we can do the same for you.
📞 Call (570) 676-5212
📍 Serving Wayne, Pike, Luzerne, Monroe, and Lackawanna Counties
📨 Schedule your probate consultation now
