Families in Philadelphia often start by asking whether probate is even required. The answer turns on what the person owned, how it was titled, and Pennsylvania law. Below is general background to help you have a productive first call with a licensed Pennsylvania attorney.
Pennsylvania probate basics (general summary)
In Pennsylvania, estates are opened with the Register of Wills in the county where the person lived, and disputes go to the Orphans' Court Division. Pennsylvania also has an inheritance tax that applies to many estates, with filing deadlines a licensed Pennsylvania attorney can explain.
Every estate is different, and rules, thresholds, and deadlines change. Nothing here replaces advice from a licensed Pennsylvania attorney who has reviewed your situation.
Fees and how to choose
Fees. Expect one of three structures: hourly with a retainer, a flat fee for a straightforward estate, or, where state law provides for it, a percentage of the estate. We do not publish dollar figures because they vary by state, county, and complexity. The estate typically pays.
Choosing well. Check the Pennsylvania bar website for license status and discipline. Ask how many estates they handled last year, whether they have dealt with your situation (no will, out-of-state executor, disputes), and how they communicate.
Timeline
Uncontested estates commonly take six months to a year or more, largely because of mandatory creditor notice periods and court scheduling. Simplified procedures for smaller estates can be much faster. Disputes, real estate in more than one state, and tax issues extend the process.
The house and its contents. Do not dispose of contents until someone has authority to act. Then see our pages on estate cleanout in Philadelphia and estate sales in Philadelphia.
How attorneys appear on Estate Next Steps
We do not refer clients to attorneys or accept per-lead payments for legal services. Attorneys listed for Philadelphia pay a flat advertising fee for a clearly labeled featured listing. We do not rate or rank attorneys. Verify any attorney's license with the Pennsylvania bar before engaging them.