Probate is a court-supervised process that is governed by Pennsylvania law. It is how estates are finalized in the Commonwealth. Probate can be a complicated, confusing, and sometimes frustrating process. It is crucial that families know what to expect. Here, our Mechanicsburg probate law attorney provides an overview of what Pennsylvania families should expect during the probate process.
Probate Starts with the Initial Filing and the Grant of Letters
In Pennsylvania, the probate process begins with filing a petition for probate in the Register of Wills in the county where the decedent resided. That would be Cumberland County for Mechanicsburg residents. The court reviews the will and confirms its validity. If the court accepts the will, it issues Letters Testamentary to the named executor. If the decedent died intestate, the court issues Letters of Administration to the appropriate heir under the priority rules under 20 Pa. C.S. § 3155.
Expectation: Families in Pennsylvania should expect to be asked to provide the death certificate, the original will (if one exists), and preliminary asset information.
Notice Requirements and Inventory of the Estate
Pennsylvania Commonwealth law requires the personal representative to provide formal notice to heirs, beneficiaries, and known creditors. Under probate regulations, the representative must also publish notice in approved newspapers to alert unknown creditors. For reference, the inventory of the estate lists real property, bank accounts, personal belongings, investments, and other assets.
Expectation: Families should prepare for requests for financial statements, deeds, appraisals, and ownership documentation.
Creditor Claims and Resolution of Debts
Creditors have a defined period to file claims against the estate. The personal representative must evaluate each claim for validity. To be clear, in Pennsylvania probate, payment follows statutory priority rules that place administrative expenses, funeral costs, and taxes at the top. These are sometimes referred to as priority expenses Estates that lack sufficient liquid assets may require the sale of real property or personal property to satisfy lawful claims. Documentation is key.
Expectation: Families should expect delays when creditor issues arise, especially when disputes involve medical bills, tax obligations, or secured debts.
Final Accounting and Distribution of Assets
Before distribution, the personal representative prepares a final accounting that details all estate transactions. The accounting includes income, expenses, creditor payments, tax filings, and proposed distributions. The representative may file a formal accounting with the Orphans’ Court or seek approval through a family settlement agreement. Once the court approves the accounting or all parties consent, the representative distributes assets according to the will or intestacy rules. The representative must obtain receipts and releases to close the estate.
Expectation: Families should expect this stage to take time because the court reviews compliance with all statutory requirements.
Contact Our Pennsylvania Probate Lawyer Today
At Keystone Elder Law P.C., our Mechanicsburg probate lawyer has the knowledge and experience that you can trust. If you have any questions about what to expect during probate, we can help. Call us at 717-697-3223 or contact us online to set up your fully confidential, no obligation initial consultation. Our firm provides probate law throughout the entire region.