If you’re preparing to navigate the Probate process in PA, Auld Brothers Law Group will help you. Since every estate is different, the process might differ for each person. We’re here to guide you through the legal process and explain what to expect every step of the way.
This article will give you a brief overview of how to prepare to start the Probate process in Pennsylvania.
What is Probate in PA?
PA Probate is a court-supervised proceeding that involves reviewing the deceased person’s Will for validity, determining the asset’s total value, paying estate taxes and debts, naming the Executor, and distributing all assets. If there’s no Will in place, the process will slightly differ; we’ll address more below.
When to File Probate?
In PA, there’s no specific deadline for filing with a court. However, you’ll need to pay the state’s inheritance tax in full within nine months after the person’s death.
PA Probate Laws
Pennsylvania is one of many states that requires an inheritance tax, and there are specific rules regarding the taxation. To briefly explain, this law doesn’t tax the deceased’s estate, but the assets that passed onto beneficiaries are taxed. To learn more about PA’s inheritance tax details and other tax laws, read our article on Pennsylvania’s Probate Law.
4 Steps on Starting the Probate Process in PA
There are several steps to begin the Probate process in PA. Then once the court begins the formal process, you will begin a potentially lengthy and expensive undertaking. Read a more thorough article on Probate in PA here.
Step 1: Consult with a Probate Attorney
Once your loved one has passed, and you’ve been named the Executor, consulting with a local attorney can help you navigate the system. Although you’re not required to have legal representation, a Probate attorney can assist you with handling the estate administration in many ways.
- Inventorying assets and determining their value
- Paying estate creditors and debts
- Preparing the Inheritance Tax Return
- Preparing a Fiduciary Income Tax Return (if necessary)
- Filing the final 1040 Federal Tax Return and PA 40 Tax Return
- Drafting a Family Settlement Agreement
Learn more about how we can help you.
Step 2: Collect as Many Documents as Possible
The more estate documents you can gather at the start of Probate, the less you’ll need to collect as the process moves forward. Here are some documents you’ll need to assemble:
- Last Will and Testament (if one exists)
- Death certificate (obtain multiple copies)
- Financial account statements for checking and savings accounts
- Investment account statements for stocks, savings bonds, etc.
- Life insurance policies with beneficiary information
- List of bills and debts owed (utilities, taxes, credit cards, loans, etc.)
- Medical and funeral expenses
- Past tax returns
- Contact information for beneficiaries
Step 3: Assets that can Skip Probate
Did you know certain assets that can bypass Probate? Consult with your attorney to review your loved one’s assets to determine if there are any that can skip Probate.
Some exempt items can include:
- Joint tenancy assets, i.e., a house, real estate, etc.
- Joint bank accounts
- Life insurance policies that already list a beneficiary
- Revocable Living Trust assets
Step 4: Petition the Courts
The process officially begins when you file an Estate Information Sheet, complete the petition for Probate, and file the original copy of the deceased’s Will to your local Probate court. You can access some of the necessary forms from the Supreme Court of Pennsylvania’s standardized Register of Wills and Orphans’ Court here.
Learn How to Probate an Estate without a Will in PA
If your loved one passes without a Will in place (also known as intestate), the courts will follow the Intestate Succession law for processing the estate. Read our article on, How to Probate an Estate Without a Will in Pennsylvania to learn more about this approach.
Auld Brothers, A Trusted Pittsburgh Probate Law Firm
We can help give you peace of mind as you begin Probating your loved one’s estate—our team works with many Pittsburgh individuals and families by addressing their concerns. Schedule a free 30-minute consultation so we can start answering your questions.