Pennsylvania Petition for Probate

Introduction

Key Things to Know

1. 1

   The Register of Wills of the county where the decedent had a last family or principal residence grants letters (20 Pa.C.S. 3151) on a Petition for Grant of Letters, statewide Form RW-02. The form the Register of Wills requires controls over any draft petition.

2. 2

   No one has authority over estate assets until the register grants letters. A named executor must still petition and be appointed, and should not distribute, pay heirs or sell property before letters issue.

3. 3

   A will may be offered for probate at any time (20 Pa.C.S. 3133(a)). If it is offered more than one year after death, it is void against a bona fide buyer or lienholder of the testator's real estate whose conveyance or lien was recorded before the will was offered (3133(c)). Letters generally may not be granted after 21 years from death without a court order for cause shown (3152).

4. 4

   If someone is believed to hold a will, the register will, at a party in interest's request, issue a citation requiring that person to show cause why it should not be deposited with the register (20 Pa.C.S. 3137).

5. 5

   Letters testamentary are granted to the named executor, whether or not they have declined a trust under the will, but only if the executor is qualified to serve (a person under 18 is not). Otherwise letters of administration follow a statutory order, and residuary beneficiaries rank ahead of the surviving spouse. The register has discretion to refuse letters of administration to an individual who is not a Pennsylvania resident (20 Pa.C.S. 3155, 3156, 3157).

6. 6

   Within three months after letters are granted, the personal representative or their counsel must send written notice of estate administration on Form RW-07 (Pa. O.C. Rule 10.5(a)). Immediately after letters, the grant must be advertised once a week for three successive weeks in a newspaper of general circulation and the designated county legal periodical (20 Pa.C.S. 3162(a)). A bond is required before letters unless exempt (3171, 3174).

7. 7

   Not every estate needs probate. Assets that pass by beneficiary designation, joint ownership with survivorship or a trust usually pass outside probate, and Pennsylvania has a small-estate petition to the orphans' court. See our small estate affidavit page for that route.

Pennsylvania Requirements for Petition for Probate

• County Register of Wills Grants Letters

  Letters are granted by the Register of Wills of the county where the decedent had a last family or principal residence, not by a judge (20 Pa.C.S. 3131, 3151). For a decedent not domiciled in Pennsylvania, ask the register of the county where estate property is located.

• Petition for Grant of Letters, Form RW-02

  The statewide Form RW-02 is published by the courts, but county register offices may publish their own versions. The petition must state under oath, so far as known, the decedent's name, age, domicile, date and place of death, the spouse and heirs if there is no will, the estimated value of personal and real property, and the proposed representative (20 Pa.C.S. 3153). The form the register's office requires controls.

• No Deadline to Offer a Will

  A will may be offered for probate at any time, but one offered more than one year after death is void against a bona fide buyer or lienholder of the testator's real estate whose conveyance or lien was recorded first (20 Pa.C.S. 3133). Letters may not be granted after 21 years from death without a court order (3152).

• Priority and Qualification to Serve

  Letters testamentary are granted to the named executor if qualified to serve. Otherwise letters of administration follow a statutory order beginning with residuary beneficiaries, then the surviving spouse. A person under 18 is not qualified, and the register may refuse letters of administration to a nonresident individual (20 Pa.C.S. 3155, 3156, 3157).

• Bond Required Unless Exempt

  A bond with sufficient surety, in an amount the register considers necessary, must be filed before letters unless a statutory exemption applies, such as a Pennsylvania resident named in the will or a person excused by the will, unless the court orders a bond or the will requires one (20 Pa.C.S. 3171, 3174).

• Notice of Estate Administration, Form RW-07

  Within three months after letters are granted, the personal representative or counsel must send written notice of estate administration on Form RW-07 (Pa. O.C. Rule 10.5(a)). Notice is sent after appointment.

• Creditor Advertisement of the Grant

  Immediately after letters, the grant must be advertised once a week for three successive weeks in a newspaper of general circulation near the decedent's residence and in the designated county legal periodical (20 Pa.C.S. 3162(a)).

• One-Year At-Risk Distribution Window

  There is no fixed claims bar. A representative who distributes at their own risk is without liability to a claimant unless the claim is known within one year after the first complete advertisement of the grant, or later but before distribution (20 Pa.C.S. 3532(a)).