When a loved one dies, questions about their home, bank accounts and personal belongings often come up quickly. You may hear terms like “probate” and “estate administration” and wonder what they mean. In Pennsylvania, these are separate but related processes. Knowing the difference helps you understand what to expect when moving forward.
What does probate mean in Pennsylvania?
Probate is the process of filing a will and requesting legal authority to manage the estate. If someone dies with a will, the person named as executor files it with the Register of Wills in the county where the person lived. The register accepts the filing and issues letters testamentary. These letters allow the executor to begin handling the estate.
Probate applies when there is a will and may also be required when there is no will.
How estate administration works in Pennsylvania?
Estate administration involves managing a person’s financial and legal affairs after their death. It applies whether or not the person had a will. The goal is to ensure that debts are paid and remaining assets are distributed to the rightful beneficiaries under Pennsylvania law.
The person named as executor in the will takes charge of the estate. If there is no will, the court appoints someone – called an administrator – to do the same job. The court uses a legal order of priority to decide who can serve in that role.
The administrator follows Pennsylvania’s intestacy laws. These laws decide who inherits and in what order. Spouses, children, parents and siblings may all be considered, depending on the family situation.
Estate administration includes several key steps:
- Collecting and valuing the person’s assets
- Paying any outstanding debts and taxes
- Notifying heirs and beneficiaries
- Filing inheritance tax returns with the state
Inheritance tax returns are generally due within nine months of the date of death. Some transfers may qualify for exemptions or reduced rates. These steps apply even when probate is not involved.
Why legal help matters?
Pennsylvania law sets strict deadlines and notice rules. Both processes can be straightforward or complex, depending on the size of the estate, the number of heirs and whether there are any disputes. Talking to a lawyer can help you avoid missed filings, disputes or costly mistakes.