When a loved one passes away, you may be left wondering what to do next — especially if they owned a home, bank accounts, or other property. One of the most common questions we get at Clause Law Group is:
How does probate work after death?
The good news is, you don’t have to figure it out alone. This guide will help you understand what probate is, why it matters, and what steps come next — all in plain English.
What Is Probate?
Probate is the legal process that happens after someone dies. It’s how the court makes sure the person’s assets are handled correctly — including paying off debts and giving what’s left to the right people.
Probate is required whether or not there’s a will. If there is a will, the court follows it. If there’s no will, the court follows Pennsylvania’s inheritance laws.
Who Handles Probate?
The court puts someone in charge of the estate. This person is called:
- The executor (if there is a will), or
- The administrator (if there is no will)
This person is responsible for:
- Collecting and protecting the deceased’s assets
- Paying final bills, taxes, and debts
- Distributing what’s left to heirs or beneficiaries
At Clause Law Group, we help families and executors through every part of this process.
How Probate Works After Death: Step-by-Step
Here’s what usually happens in Pennsylvania after someone passes away:
1. File the Will (If There Is One)
The will is filed with the Register of Wills in the county where the person lived. If there is no will, the estate still goes through probate — just without written instructions.
2. Get Legal Permission
The court issues Letters Testamentary (for executors) or Letters of Administration (for administrators). This gives legal permission to act on behalf of the estate.
3. Identify and Gather Assets
This includes bank accounts, real estate, cars, retirement funds, and personal belongings.
4. Pay Debts and Taxes
Before anything can be passed to heirs, the estate must pay:
- Final bills
- Credit card balances
- Loans
- Pennsylvania inheritance tax
5. Distribute the Remaining Assets
After everything else is handled, the rest of the estate is given to the rightful heirs or beneficiaries — as stated in the will or by state law.
6. Close the Estate
Once everything is distributed and accounted for, the court officially closes the case.
How Long Does It Take?
Most probate cases in Pennsylvania take 9 to 15 months, depending on the size of the estate, whether there’s a will, and whether anyone contests anything.
Need Help Navigating Probate?
Probate is a legal process — but it doesn’t have to be overwhelming. At Clause Law Group, we’ve helped Pennsylvania families handle probate with care, clarity, and confidence.
Whether you’re an executor or a family member with questions, we’re here to help every step of the way.
📞 Call us today at (570) 676-5212 to speak with an experienced Pennsylvania probate attorney.
